Government Gazette

Vol. 420, No. 21319, 23 June 2000

GENERAL NOTICE

Notice 640 of 2000

AVIATION ACT 1962

PROPOSED AMENDMENT TO THE CIVIL AVIATION REGULATIONS, 1997

Under regulation 11.03.2 (1) (a) of the Civil Aviation Regulations, the chairperson of the regulations committee hereby publishes for comment the proposed amendments to the Civil Aviation 1997, as set out in the schedules. Any comments or representations on the proposed amendments should be lodged in writing to the Chairperson of me Regulations Committee for attention Mr.Kim Gorringe or Mr Herman Wildenboer, Private Bag X 08, Waterkloof 0145, fax (012)346 - 5979 or e-mail at gorringek@caa.co.za or wildenboerh@caa.co.za before or on 25 July 2000.


SCHEDULE 1

1. PROPOSAL TO AMEND REGULATION 1.00.1 OF THE REGULATIONS (DEFINITIONS)

PROPOSER

COURT HELICOPTERS
PO BOX 2546
CAPE TOWN
8000

EXPLANATION OF INTEREST OF THE PROPOSER

The proper is an active participant in the Aviation industry.

1.1(1) PROPOSED AMENDMENT OF REGULATION 1.00.1

INSERTION OF THE FOLLOWING DEFINITIONS:

1.2(1) MOTIVATION

It is necessary to define the two concepts in the light of their relevance in helicopter operations. With reference tot he definition of "helicopter crewman" it has to be pointed out that Part 63 (flight engineer Licensing ) with specific reference to regulation 63.02.1 ( requirements for flight engineer licence) do not apply to this job description.

1.3(1) CURRENT PROVISION

No definitions for the two concepts are presently contained in the Regulations.

1.1(2) " Amphibious helicopter" means a helicopter equipped with wheels, skids, floats or other devices but excluding emergency flotation equipment enabling it to and take -off from land and the surface of water.

1.2(2) MOTIVATION

It is necessary to distinguish between two different types of helicopters namely amphibious helicopters and helicopters which have emergency flotation equipment on board.

1.3(2) CURRENT PROVISION

"Amphibious helicopter" means a helicopter equipped with wheels, skids, floats or other devices enabling it to land and take -off from land and the surface of water.

1.1 (3) "Class I product" means a complete aircraft, aircraft engine, main and tail rotor blades or propeller which -

1.2(3) MOTIVATION

Propellers do not relate to helicopters, as such its equivalent to helicopters would be rotor blades. For this reason the proposed amendment is submitted.

1.3(3) CURRENT PROVISION

"Class I product" means a complete aircraft, aircraft engine or propeller, which -

  1. has been type certificated in accordance with the provisions of these Regulations and for which the South African Specifications or type certificate data sheets have been issued; or
  2. is identical to a type certificated product referred to in paragraph (a) in all respects except as in otherwise acceptable to the appropriate authority of the importing State.

1.1(4) " co - pilot" means a licensed type rated pilot serving in any piloting capacity other than as pilot - in - command but excluding a pilot who is on board the aircraft for the purpose of receiving flight instruction.

1.2(4) MOTIVATION

A co - pilot must be type rated to fly a particular type of aircraft.

1.3(4) CURRENT PROVISION

"Co - pilots means a licensed pilot serving in any piloting capacity other than as pilot - in - command but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instruction.


SCHEDULE 2

2. PROPOSAL TO AMEND REGULATION 91.04.26 (AUTOMATIC EMERGENCY LOCATOR TRANSMITTERS)

PROPOSER

COURT HELICOPTERS
PO BOX 2546
CAPE TOWN
8000

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is an active participant in the aviation industry.

2.1 PROPOSED AMENDMENT OF REGULATION 91.04.26 (INSERTION OF PARAGRAPH (d))

" No owner or operator of -

  1. ..
  2. ....
  3. ...
  4. an aircraft operated in the public transport category shall do so unless the aircraft is equipped with an automatic emergency locator transmitter".

2.2 MOTIVATION

All aircraft configured for 9 seats or more should have an automatic ELT.

If the above is enacted besides the potential to save human life being greatly enhanced, the huge cost of search and rescue will be vastly reduced.

2.3 CURRENT PROVISION

"(1) No owner or operator of -

  1. an aircraft to be operated on extended flights over water or over areas where search and rescue would be especially difficult.
  2. an aeroplane with a maximum certificated mass exceeding 5 700 kilograms or a maximum approved passenger seating configuration of more than 9 seats; or
  3. a helicopter with a maximum approved passenger seating configuration of more than 19 seats, shall operate such aircraft unless it is equipped with an automatic emergency locator transmitter".


SCHEDULE 3

3. PROPOSAL TO AMEND REGULATION 91.04.27 (LIFE JACKETS AND OTHER FLOTATION DEVICES)

PROPOSER

COURT HELICOPTERS
PO BOX 2546
CAPE TOWN
8000

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is an active participant in the aviation industry.

3.1 PROPOSED AMENDMENT OF REGULATION 91.04.27

"(a) An aeroplane other than an aircraft referred to in paragraph (b) and (c), shall operate the aeroplane -

  1. when flying over water, in the case of the aeroplane not capable of continuing the flight to an aerodrome with the critical power - unit becoming inoperative at any point along the route or any planned diversion; without life jackets for each person on board being carried.
  2. .........

3.2 MOTIVATION

It is deemed necessary in the interests of aviation safety.

3.3 CURRENT PROVISION

"No owner or operator of -

"(a) An aeroplane other than an aircraft referred to in paragraphs (b) and (c). shall operate the aeroplane -

  1. when flying over water and at a distance of more than 50 nuatical miles from the shore, in the case of the aeroplane not capable of continuing the flight to an aerodrome with the critical power- unit in becoming inoperative at any point along the route or any planned diversion: or"
  2. .........


SCHEDULE 4

4. PROPOSAL TO AMEND REGULATION 91.07.27 (TURNING HELICOPTER ROTORS)

PROPOSER

COURT HELICOPTERS
PO BOX 2546
CAPE TOWN
8000

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is an active participant in the aviation industry.

4.1 PROPOSED AMENDMENT OF REGULATION 91.07.27 (b) (DELETION OF PARAGRAPH (b))

"No person engaged in helicopter operations, shall permit helicopter rotors to be turned under power without a qualified pilot at the controls of such helicopter".

4.2 MOTIVATION

Paragraph (b) should be removed. Once rotors are turning at 100% the helicopter is in immediate flying condition (unlike aeroplanes with propellers turning). Anything can go wrong with a non-pilot at the controls in such conditions.

4.3 CURRENT PROVISION

"No person engaged in helicopter operations, shall permit helicopter rotors to be turned under power without -

  1. a qualified pilot; or
  2. if the helicopter is stationary on the ground, a person who has received the relevant instruction and has been declared competent to control the helicopter while stationary on the ground, by a Category B flight instructor, at the controls of such helicopter.


SCHEDULE 5

5. PROPOSAL TO AMEND REGULATION 91.09.2 (HELICOPTER OPERATING LIMITATIONS)

PROPOSER

COURT HELICOPTERS
PO BOX 2546
CAPE TOWN
8000

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is an active participant in the aviation industry.

5.1 PROPOSED AMENDMENT OF REGULATION 91.09.2 (2)

"Performance Class 3 helicopters shall only be operated in conditions of weather and light, not at night, and over such routes and diversions therefrom, which may permit a safe forced landing to be executed in the event of an engine failure".

5.2 MOTIVATION

A specific statement is needed that Performance Class 3 helicopters cannot be operated at night.

This paragraph leaves too much open to interpretation by the pilot of the light conditions ( e.g. full moon) and legal argument in a court of law.

5.3 CURRENT PROVISION

"(1) Performance Class 3 helicopters shall only be operated in conditions of weather and light, and over such routes and diversions therefrom, which may permit a safe forced landing to be executed in the event of engine-failure".


SCHEDULE 6

6. PROPOSAL TO AMEND REGULATION 121.03.4 (DIFFERENCES TRAINING AND FAMILIARIZATION TRAINING)

PROPOSER

ROSSAIR CONTRACT (PTY)LTD
PO BOX 354
LANSERIA
1748

6.1 PROPOSED AMENDMENT OF REGULATION 121.03.4 (INSERTION-OF SUB REGULATION (4) )

"(4) Familiarization training shall include both ground and air training sufficient for any pilot to pass a required skills test. Such skills tests may be completed by a type rated Grade 2 or higher flying instructor".

6.2 MOTIVATION

It has come to our attention that other operators of the Beechcraft 1900 Airliner are not at present adhering to the requirements of Civil Aviation Regulations 121.03.4 in that this aircraft has 3 variants, namely the " UB' "UC" and "UE" models.

Although there is a requirement for differences training and the CARs requires familiar authorisation training and specification in the operations manual as to when differences training must take place, there are no regulations concerning what the familiarisation is and what should take place.

This will lead to the problem of "cost effective" training where a ground school; is the only differences training that takes place. This leaves the aspects of flight handling in the grey if not being completed.

If the aircraft has different systems, or different engines, or different avionics, or different performance figures, it should follow that the aircraft should be flown for the pilot to assimilate the different handling aspects associated with any of these aspects.

This will then ensure the maintenance of safety and aircraft handling practices.

6.3 CURRENT PROVISION

`` (1) The operator of a large commercial air transport aeroplane shall ensure that a flight deck crew member completes differences training when -

  1. operating another variant of an aeroplane of the same type or another type of the same class currently operated: or
  2. a change of equipment or procedures on types or variants currently operated, requires the acquisition of additional knowledge.

(2) The operator shall ensure that flight deck crew member completes famirialization training when -

  1. operating another aeroplane of the same type or variant; or
  2. a change of equipment or procedures on types or variants currently operated, requires the acquisition of additional knowledge.

(3) The operator shall specify in the operations manual referred to in Regulation 121.04.2 when differences training or familiarisation training is required".


SCHEDULE 7

7. PROPOSAL TO AMEND REGULATION 127.01.10 (SUBCHARTERING)

PROPOSER
COURT HELICOPTERS
PO BOX 2546
CAPE TOWN
8000

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is an active participant in the aviation industry.

7.1 PROPOSED AMENDMENT OF REGULATION 127.01.10 (1)

(1) In the exceptional circumstances as prescribed in Document SA-CATS-OPS 127, an operator may subcharter a helicopter and flight crew from any operator who holds a valid operating certificate for the helicopter, issued by any appropriate authority: Provided that

  1. the subcharter period does not exceed fourteen constructive days: and
  2. ........."

7.2MOTIVATION

The period of 5 days is commercially restrictive. A period of 14 days would be a more appropriate period.

7.3 CURRENT PROVISION

"(1) In the exceptional circumstances as prescribed in Document SA-CATS-OPS 127, an operator may subcharter a helicopter and flight crew from any operator who holds a valid operating certificate for the helicopter, issued by any appropriate authority: Provided that

  1. the subcharter period does not exceed 5 consecutive days: and
  2. ..........''


SCHEDULE 8

8. PROPOSAL TO AMEND REGULATION 127.05.9 (SURVIVAL SUITS)

PROPOSER

COURT HELICOPTERS
PO BOX 2546
CAPE TOWN
8000

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is an active participant in the aviation industry.

8.1 PROPOSED AMENDMENT OF REGULATION 127.05.9

The operator of a commercial air transport helicopter shall not operate the helicopter beyond 10 minutes flying time at normal cruising speed from land when the weather report or forecasts available to the pilot in command indicate that -

  1. the water temperature will be less than 10 ° C during the flight: or
  2. the estimated rescue time exceeds the calculated survival time: unless each person on board is wearing survival suit provided that operators and aircrew must consider the effects of heat fatigue on the extended wearing of immersion suits in high outside air temperature even though paragraphs (a) and (b) may apply".

8.2 MOTIVATION

In areas of operation where heat fatigue due to high outside air temperatures may be a safety consideration operators may submit individual operational procedures for such a base of operation to the Commissioner for approval.

The Atlantic coast line is a case in point :- Northern cape and Namibia (where Court Helicopters operates with ZS registered helicopters.)

8.3 CURRENT PROVISION

"The operator of a commercial air transport helicopter shall not operate the helicopter beyond 10 minutes flying time at normal cruising speed from land when the weather report or forecasts available to the pilot in command indicate that

  1. the water temperature will be less than 10 ° C during the flight: or
  2. me estimated rescue time exceeds the calculated survival time: unless each person on board is wearing survival suite.


SCHEDULE 9

9. PROPOSAL TO AMEND REGULATION 127.07.8 (OFFSHORE OPERATIONS)

PROPOSER

COURT HELICOPTERS
PO BOX 2546
CAPE TOWN
8000

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is an active participant in the aviation industry.

9.1 PROPOSED AMENDMENTS OF REGULATION 127.07.8 (1)

" (1) The operator of a helicopter shall ensure that, in the case of flights over water -

  1. ........
  2. ........
  3. ........
  4. including flotation equipment to ensure a safe ditching".

9.2 MOTIVATION

Specific reference to this safety feature should be made .

9.3 CURRENT PROVISION

"(1) The operator of a helicopter shall ensure that, in the case of flights over water -

  1. radio contact is maintained with his or her shore base or other flight monitoring station;
  2. a full complement of flight crew to operator the helicopter and its safety equipment under normal emergency conditions; and
  3. the helicopter is equipped for flights over water in terms of these Regulations".


SCHEDULE 10

10. PROPOSAL TO AMEND REGULATION 127.07. 21(3) (INCIDENTS AND DEFECTS)

PROPOSER

COURT HELICOPTERS
PO BOX 2546
CAPE TOWN
8000

EXPLANATION OF INTEREST OF THE PROPOSER

The proposer is an active participant in the aviation industry.

10.1 PROPOSED AMENDMENT OF REGULATION 127.07.21(3)

"(3) upon receipt of the reports referred to in subregulation (2), the operator shall compile a report and make it available during an inspection or audit by the Authority".

10.2 MOTIVATION

The Commissioner is asking to be bogged down with paperwork if all helicopter operators submit all this information for each commercial helicopter in Republic of South Africa on a monthly basis.

It is given that all Incidents which could or do affect safety of flight of a helicopter

For example Court operates ± 30 helicopters. If the Commissioner requires to know exceedences and defective equipment on each helicopter on a monthly basis he is going to be very busy and so are we as Operators. Court is equipping most of its off-shore fleet with IHUMS and HUMS. Does the Commissioner want a report on each HUMS exceedence?

10.3 CURRENT PROVISION

"(1) The operator of a commercial air transport shall establish adequate inspection and reporting procedures to ensure that defective equipment is reported to the pilot- in - command of the helicopter before take - off.

(2) The procedure referred to in subregulation (1) shall be extended to include the reporting to the operator of all incidents or the exceeding of limitations which may occur while the flight crew are embarked on the helicopter and of defective equipment found on board.

(3) Upon receipt of the reports referred to in sub-regulation (2), the operator shall compile a report and submit such report on a monthly bass to the Commissioner."